Climate 411

EDF and Many Others Defend the Mercury and Air Toxics Standards at the Supreme Court

By Graham McCahan / Published: March 23, 2015

Source: Daderot (Own work) [Public domain], via Wikimedia Commons

On Wednesday (March 25th) EDF and a large group of allies will be at the U.S. Supreme Court as the Justices hear oral arguments on the U.S. Environmental Protection Agency’s Mercury and Air Toxics Standards.

EDF has been helping defend these life-saving standards since they were first challenged ­– and upheld – in the U.S. Court of Appeals for the D.C. Circuit.

Why is EDF fighting for the Mercury and Air Toxics Standards?

Because they will save lives and protect our families and communities from the harmful effects of toxic air pollutants (including mercury, arsenic, and acid gases) emitted by the single largest source of such pollution in the U.S.: coal-fired power plants.

If you want to get all the legal details, you can read EDF’s brief – and all the other briefs in the case – on our website.

If not, here are two things you should know – points that jumped out at me from reading the many briefs filed in this case in support of the Mercury and Air Toxics Standards:

  • By significantly reducing toxic air pollution from its single largest source, the Mercury and Air Toxics Standards will help ensure that the air we breathe and the fish we eat are cleaner and safer.
  • These pollution reductions absolutely can be achieved. In fact, most of the power sector has already installed pollution control technology to comply with the standards.

This is an incredibly important case for public health. One sign of that is the unusually large number of groups who have submitted briefs in support of these life-saving clean air protections.

In addition to EDF, a broad coalition of states, cities, power companies, medical associations, and clean air advocates are parties to the case in support of the EPA.

And that doesn’t include many more leading experts and affected organizations that have filed amicus curiae briefs.

For those who don’t speak Latin, amicus curiae means “friend of the court.”

A Supreme Court case is not a popularity contest, and the Justices focus first and foremost on the facts and applicable law. But their consideration of a case is often helped when interested citizens or organizations file “friend of the court” briefs. These briefs can offer insights on important technical or scientific issues, show how a particular community might be affected by the Court’s decision, or provide differing perspectives than those offered by the parties to the case.

Fortunately, the Mercury and Air Toxics Standards have many “friends.”

They include: the American Thoracic Society (a group of more than 15,000 physicians, research scientists, nurses, and other healthcare professionals); leading pollution control experts; the Institute for Policy Integrity at NYU Law School; the Constitutional Accountability Center; the Union of Concerned Scientists; companies that manufacture technology for reducing air toxics from power plants; the National Congress of American Indians and a coalition of tribes and inter-tribal fish commissions; and a coalition of preeminent public health scientists led by Dr. Lynn Goldman, Dean of the Milken Institute School of Public Health at George Washington University.

Here’s a small sample of what these friends of the court have to say about the health effects of mercury and other air toxics from power plants:

Power plants emit acid gas, metals including mercury, lead, arsenic, cadmium, nickel, and chromium, and particulate matter that can penetrate deep into human lungs. All humans are susceptible to adverse health effects from these emissions, but pregnant women, fetuses, infants, children, elderly people, and people with preexisting health conditions are especially vulnerable.

(Amicus brief of American Thoracic Society at pages 2 and 3)

[I]t is reasonable to believe that any reductions in exposure that can be achieved will have benefits across the population. Even at low exposure levels, methylmercury can lead to reductions in IQ for developing children.  These deficits in IQ may not be clinically apparent in individual children, but on a population level they have cumulative impacts with large public health and economic consequences.

(Amicus brief of Health Scientists, Dr. Lynn Goldman, et al. at page 13)

The emissions harm Indian health, putting tribal members at unusually high risk for neurodevelopmental disorders, cardiovascular disease, autoimmune deficiencies, and other adverse health effects from methylmercury exposure. In addition, mercury emissions harm Indian culture, threatening longstanding traditions of fishing and fish consumption that are central to many tribes’ cultural identity. Finally, mercury emissions harm Indian subsistence, contaminating food sources that many tribal members depend on for survival.

(Amicus brief of National Congress of American Indians, et al. at page 4)

And here’s what other friends of the court say about the feasibility of the Mercury and Air Toxics Standards, and its implications for the power sector:

The experience of the states that have implemented mercury rules demonstrates that control of mercury emissions is possible with available technology and can be accomplished on a cost-effective basis and without compromising reliability. . . . [N]early 70 percent of total coal-fired capacity was either in compliance with the MATS or already had plans in place to achieve compliance at the end of 2012.

(Amicus brief of Experts in Air Pollution Control at page 32 and 34)

[Overturning MATS] would penalize those who responsibly sought to comply with the impending Rule and might be unable to recover their expenses for doing so, and would reward those who dragged their heels at the expense of public health.

(Amicus brief of Emission Control Companies at page 23)

This is a tremendous show of support for the Mercury and Air Toxics Standards from a broad and compelling group of leading experts and affected organizations.

In fact, this case is so important and involves so many parties that the Supreme Court has extended the usual amount of time allowed for argument. On Wednesday, the lawyers – including U.S. Solicitor General Donald Verrilli for EPA – will have 90 minutes to argue the case, instead of the usual hour.

We at EDF are proud to stand with EPA, with all our allies, and with the many “friends of the court” to present a forceful case for cleaner, healthier air to the nation’s highest court.

Also posted in Clean Air Act, EPA litgation, Health, News, Policy / Comments are closed

A Significant Milestone for Opening Up the Discussion About Geoengineering

By Steven Hamburg / Published: February 10, 2015

Geoengineering is the deliberate large-scale manipulation of the Earth’s climate system to counteract the impact that pollutants are having on our climate. The proposals sound like the stuff of science fiction – spraying particles in the upper atmosphere to deflect some sunlight, for instance – and EDF’s experts have been following the topic with concern.

Most of the focus on climate change has been about transitioning our economy to clean, renewable energy – removing the cause of the malady. But some are worried that won’t happen fast enough and that a more radical intervention may be necessary. Indeed, a 2014 report from the International Panel on Climate Change indicated that the world may require some form of climate engineering in order to stay within a hoped for two-degree limit to global temperature rise. But these proposals raise a serious risk of unintended consequences.

Geoengineering is in the news because of the release of a new report from the National Academy of Sciences. It’s the first study commissioned by the U.S. government that explains our current understanding of the science, ethics, and governance issues presented by geoengineering technologies. I was a member of the panel that drafted the NAS report, and its release is also meaningful for me — and for my colleagues here at EDF — because of our involvement with the Solar Radiation Management Governance Initiative (SRMGI).

Specifically, NAS was asked to conduct a technical evaluation of a limited number of proposed geoengineering techniques, including albedo modification and carbon dioxide removal. The new report comments on the potential impacts of these technologies.

What is Albedo Modification?

Albedo modification (AM), also known as “solar radiation management,” describes a controversial set of theoretical proposals for cooling the Earth by reflecting a small amount of inbound solar energy back into space.

These techniques have attracted attention because they could — in theory — reduce global temperatures quickly and relatively cheaply. BUT – these techniques would have unknown adverse impacts.

The new NAS report makes clear that AM is not an alternative to deep reductions in carbon pollution.

AM does not address ocean acidification and other non-temperature-related climate change impacts. It can at most serve as a temporary tool to reduce temperatures while lowering the atmospheric burden of greenhouse gases.

AM technologies have potentially serious and uncertain environmental, political, and social risks. The distribution and balance of benefits and risks are currently unknown.

AM research will require governance mechanisms to ensure that if research is undertaken, it is done transparently, safely, and with international agreement.

Unlike the NAS report just released, EDF has not called for small-scale AM research. We are in favor of accelerated discussion and development of a governance framework that would cover any potential geoengineering research.  

Why should research governance involve a global conversation?

The scientific, ethical, political, and social implications of AM research could be global. That means discussions about AM research governance should be global as well. To date, however, most discussions on the governance of AM research have taken place in developed countries — even though people in developing countries are those most vulnerable, both to climate change and to any potential efforts to respond to it.

In recognition of that fact, the Royal Society, EDF and TWAS (The World Academy of Sciences) launched SRMGI in 2010. SRMGI is an international NGO-driven initiative to expand international discussions on AM, particularly to developing countries.

SRMGI promotes early and sustained dialogue among diverse stakeholders around the world, informed by the best available science, in order to increase the chances of any AM research, should it be undertaken, being managed responsibly, transparently, and cooperatively.

The new NAS report offers an important opportunity to expand that dialogue.

It’s critical that we aim for transnational cooperation and information exchange on climate engineering research governance. That’s because even low-risk climate engineering research presents controversy.

AM’s potentially cheap deployment and quick effect on global temperatures could lead to the rapid and unilateral development of AM research programs, which could engender international tension and conflict.

Furthermore, deployment of AM would not benefit all populations equally.

And, while discussions about geoengineering are necessary, they cannot be considered as a substitute for reducing carbon pollution. The billions of tons of carbon pollution we put into our atmosphere every year are causing dangerous changes to our climate, and we must rapidly and consistently reduce that pollution. No climate engineering technology we can conceive of could keep up with the impacts of rapidly accelerating emissions.

What Comes Next?

The new NAS report should spur the U.S. and other governments to take the governance challenges of research into AM technologies seriously. An important next step is to foster wider international dialogue, including developing countries, on how to responsibly manage AM research.

It’s a dialogue that we at SRMGI, and at EDF, welcome. And the new NAS report is a welcome contribution to this dialogue.

Also posted in Geoengineering, Greenhouse Gas Emissions, News, Science / Comments are closed

Court Hears Arguments on Fuel Efficiency and Greenhouse Gas Standards for Big Freight Trucks

By Peter Zalzal / Published: January 9, 2015

The U.S. Court of Appeals in Washington D.C. heard oral arguments today in challenges seeking to overturn historic, first-generation standards to improve fuel efficiency and reduce greenhouse gas emissions from large trucks and buses.

The standards were finalized by the U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) in 2011.

The standards apply to vehicles manufactured between 2014 and 2018. They are based on commonsense, highly cost-effective technologies that will make our nation’s fleet of large trucks and buses more efficient — reducing harmful climate-destabilizing pollution, limiting our dependence on foreign oil, and saving money for both truckers (in the form of lower fuel costs) and consumers (in the form of lower shipping costs).

EPA estimates that, over the lifetime of vehicles sold between 2014 and 2018, the standards will:

  • Reduce climate pollution by more than 270 million metric tons of carbon dioxide equivalent
  • Reduce oil consumption by more than 530 million barrels
  • Result in net savings of up to $73,000 in avoided fuel costs over the lifetime of a new long-haul truck.

These cross-cutting benefits engendered broad-based support for the standards, including support from our nation’s truck and engine manufacturers, from states, and from public health and environmental groups.

In response to the President’s announcement of these first generation standards in 2010, many of these organizations sent letters of support. Here are just a few examples:

Cummins Inc. recognizes the benefits for the country of a National Program to address greenhouse gases (OHOs) and fuel efficiency from medium and heavy-duty trucks and buses. Cummins fully supports the adoption of such a National Program and welcomes this opportunity to be a partner in helping to advance that goal.

[Daimler] is committed to working with EPA and NHTSA, the states, and other interested parties to help address three of the most pressing issues facing the U.S. today and into the future: greenhouse gas reductions, fuel efficiency improvements, and increased energy security.

As 2015 begins, these clean air measures are now in their second year of effectiveness, and they are driving technological innovations that are cleaning the air and helping American truck manufacturers to thrive.

Through October of 2014, sales of fuel efficient trucks were 20 percent higher than their 2013 levels. 2015 is projected to be even stronger, with forecasts suggesting it will be the third strongest year ever for truck sales.

Martin Daum, president and CEO of Daimler Trucks North America, put it succinctly:

[T]hese standards “are very good examples of regulations that work well.”

None of these truck and engine manufacturers were in court today challenging the first generation truck standards, which are based on rigorous technical information and firmly grounded in the law. The standards are a testament to the fact that collaboration among truck manufacturers, states, and other interested parties can reduce pollution, enhance our nation’s energy security, and save truckers and consumers money.

That is very good news, because President Obama recently announced that EPA and NHTSA will issue second-generation greenhouse gas and fuel efficiency standards for large trucks.

Many of the same companies that stood with the President in announcing a blueprint to develop the second phase standards also collaborated on the first generation clean trucks standards. Among those supporting the President’s announcement of second phase standards included the nation’s major manufacturers and fleets such as Conway, Cummins, Eaton, Wabash National, Waste Management and the American Trucking Association.

When our nation stands together, we can forge big gains in strengthening our economy and protecting our environment.

Also posted in Cars and Pollution, Economics, Greenhouse Gas Emissions, News / Comments are closed

The Clean Power Plan Wins Support from Millions of Americans, and a Broad Array of Diverse Groups

By Mandy Warner / Published: January 6, 2015
Americans rally for the Clean Power Plan

Americans rally for the Clean Power Plan

January is a time for New Year’s resolutions, hot chocolate and the tantalizing possibility of snow days.

For me, it’s also a time when I reflect on what the past year has meant for me, my family, and our world.

Right now, I’m focusing on climate change through these three interwoven lenses. Fortunately, this year I have a lot of significant and positive steps to reflect on.

Here’s the one I’m thinking about the most: the Clean Power Plan.

The Clean Power Plan will set the nation’s first-ever carbon pollution standards for power plants. It’s one of the biggest steps we’ve ever taken to address the pollution that harms our climate.

EDF strongly supports the Clean Power Plan, of course, but we’re certainly not alone.

These urgently needed standards have already won broad support from the faith community, moms, health and medical associations, businesses, power companies, Latino groups, states, and others – as well as from EDF and other environmental groups.

And more than three and a half million Americans sent comments in support of the Clean Power Plan to the Environmental Protection Agency (EPA).

Here are just a few quotes highlighting the Clean Power Plan’s support among diverse groups, and demonstrating the broad support about the need to protect our climate:

Climate change poses grave threats to public health. To protect our communities and the public, the United States must significantly reduce carbon pollution from the largest source, which are existing power plants. Our organizations support EPA’s overall approach with the Clean Power Plan, but urge EPA to strengthen the final plan to provide greater protection to public health.

  • Comment Letter from medical and public health associations: American Academy of Pediatrics, American Heart Association, American Lung Association, American Public Health Association, American Thoracic Society, Center for Climate Change and Health, Health Care Climate Council, Health Care Without Harm, Public Health Institute, and Trust for America’s Health

We applaud EPA for proposing a rule that will place the United States on a path to achieving meaningful reductions in carbon pollution, although we recognize that greater overall reductions will be necessary to meet the challenge of climate change. Our states are already demonstrating that significant, cost-effective reductions can be achieved from the power sector through the “system” EPA identifies as the basis for its proposed emission guideline. We therefore support EPA’s general approach to setting the emission guideline.

  • Joint Comments of state environmental agency leaders, energy agency leaders, public utilities commissioners from 14 states: California, Connecticut, Delaware, Illinois, Massachusetts, Maryland, Maine, Minnesota, New York, New Hampshire, Oregon, Rhode Island, Vermont, and Washington

We support the proposed rule’s overall objective of achieving meaningful emission reductions from existing power plants and encouraging investment in a clean energy future, and these technical comments are offered for the purpose of constructively supporting that objective. We agree with EPA that meaningful emission reductions can be achieved from the electric sector while maintaining electric system reliability.

 We strongly support EPA in moving forward with the proposed Clean Power Plan in the strongest form possible. We know that communities of color and low-income communities, including the Latino community, are frequently among those most negatively impacted by carbon pollution. Whether it is exposure to health damaging copollutants associated with carbon emissions or the present and worsening effects of climate change, these impacts are both direct and indirect and they threaten the social and economic order of overexposed and overburdened communities.

As businesses concerned about the immediate and long-term implications of climate change, we, the undersigned, strongly support the principles behind the draft Carbon Pollution Standard for existing power plants. The Environmental Protection Agency’s (EPA) proposed Carbon Pollution Standard for existing power plants represents a critical step in moving our country towards a clean energy economy…Our support is firmly grounded in economic reality. We know that tackling climate change is one of America’s greatest economic opportunities of the 21st century and we applaud the EPA for taking steps to help the country seize that opportunity.

  • Letter signed by 223 companies, BICEP, CERES, CDP, and The Climate Group. Companies signing the letter include Unilever, Kellogg Company, Solar City, and SunPower

EPA’s efforts to limit dangerous carbon pollution from power plants will protect public health, fight climate change, and help our economy by sparking innovation in clean energy technologies. Our communities, our families and our children are counting on your leadership. Please enact strong limits on carbon pollution from America’s existing power plants.

And, while delivering more than 10,000 comments in support of the Clean Power Plan, The Reverend Sally Bingham, founder and president of Interfaith Power and Light said:

[W]e urge the EPA to move forward with the proposed standards for existing power plants so that we can reduce carbon pollution as quickly as possible to address climate change, protect human health, and care for all of Creation.

It has been a great privilege to work on the Clean Power Plan at EDF during the past year. That’s one of the things I’m reflecting on personally.

It’s true that climate change is an immense issue with far-reaching impacts. But the immensity of the challenge has united an extraordinary number of Americans, and moved a wide range of diverse groups to take action — and that is something we can all celebrate this New Year.

Also posted in Clean Air Act, Clean Power Plan, Policy / Read 1 Response

President Obama Goes to Walmart

By Elizabeth Sturcken / Published: May 13, 2014

I never really expected to be sitting in a Walmart in Mountain View, CA listening to President Obama speak about environmental commitments, but I am excited for the momentum he is generating, particularly in the private sector, to support the EPA announcement on carbon limits on June 2nd.

So why Walmart?

The President is making a point. Walmart gets about 25 percent of its global electricity from renewables. In the United States over all, only about 2 percent of power comes from solar sources. In 2005, Walmart set a goal to be supplied 100 percent by renewable energy. To date Walmart has 335 renewable energy projects underway or in development across their global portfolio. Having the president hold Walmart up as a role model is a great way to drive other industry leaders to follow suit.

Obama Walmart

This recognition is great news to EDF since we are a key NGO partner to Walmart and have been working with them on environmental solutions since 2005. (See the full EDF – Walmart partnership timeline). In 2008, EDF and Walmart announced a jointly-developed clean energy project to install and assess next generation solar technology at over 30 Walmart facilities. Today Walmart has 250 solar energy systems installed in the U.S. and has a solar energy capacity of 65,000 kW, top of the Solar Energy Industries Association rankings of U.S. companies.

Are industry leaders following suit?

The private and public sector commitments announced today represent more than 850 megawatts of solar deployed – enough to power nearly 130,000 homes – as well as energy efficiency investments that will lower bills for more than 1 billion square feet of buildings. Additionally, the President announced new executive actions that will lead to $2 billion in energy efficiency investments in Federal buildings.

We are especially excited to see companies step up for the President’s Better Buildings Challenge which will improve energy efficiency of more than 1 billion square feet of new floor space by 20 percent by 2020. New to the President’s roster are General Motors (committing 84 million square feet), MGM Resorts (78 million square feet) and Walmart (850 million square feet).

See the complete listing of private and public sector organizations making commitments today for solar deployment and energy efficiency.

Here at EDF, we believe that companies and business leaders must pave the way to a low-carbon and prosperous economy. Today Walmart committed to double the number of onsite solar energy projects at U.S. Stores, Sam’s Clubs and distribution centers by 2020. This is in addition to their goal of reducing greenhouse gas emissions in their global supply chain by 20 million metric tons by the end of 2015.

We think President Obama’s making his announcement at Walmart today was a clear signal to the public and private sector that business needs to step up and publicly commit to ambitious environmental goals. Walmart continues to do this, and we look forward to many other industry leaders following suit.

This blog originally appeared on EDF Biz.

Also posted in Energy, Green Jobs, Greenhouse Gas Emissions, Jobs / Read 3 Responses

Why Latinos are disproportionately affected by asthma — and what we can do

By Lucía Oliva Hennelly / Published: April 22, 2014

(This post first appeared on EDF Voices. Para leer en Español haga clic aquí)

This post was co-authored by Rachel Shaffer  and Declan Kingland, National Health Programs Coordinator for the League of United Latin American Citizens (LULAC).

Today in the United States, Latinos are three times more likely to die from asthma than other racial or ethnic groups. Latino children are 40 percent more likely to die from asthma than non-Latino whites, and nearly 1 in 10 Latino children under the age of 18 suffer from this chronic respiratory illness. Addressing the dangerous indoor and outdoor air pollution that is linked to asthma is critical for the health of Latino communities – and for all Americans.

Socioeconomics

Latinos are one of the poorest demographics in the United States, with roughly 1 in 4 Latinos living under the poverty level. Many Latinos also face challenges due to limited English-language proficiency, and in some cases, low levels of education. These issues can lead Latinos, particularly new immigrants, to low-paying jobs, often in the fields of agriculture, construction, and service.

Too often, these jobs expose workers to serious respiratory hazards from both indoor and outdoor air pollution, yet they frequently provide no healthcare benefits. For example, the toxic chemical formaldehyde, which is linked to asthma, can be found in glues, insulation, and wood products to which construction workers are disproportionately exposed. Asthma-related toxics can also be found in paints, cleaning products, carpets, and foam cushions.

Housing

Low-paying jobs held by Latinos lead to low-income families, and these families can be at even greater risk for asthma if their housing is substandard or if their home is located near major roadways, factories, or power plants, which produce air pollutants that can exacerbate asthma. People with asthma are especially sensitive to the pollutants released from cars, buses, heavy machinery, factories, and power plants, including particulate matter (soot), ground-level ozone (smog), carbon monoxide, and more.

Nearly 1 in 2 Latinos in the U.S. live in counties that frequently violate ground-level ozone standards.  Latinos are also 165% more likely to live in counties with unhealthy levels of particulate matter pollution than non-Latino whites, and nearly 2 in 5 Latinos lives within 30 miles of a power plant. Asthma triggers can also be found inside the home – from ethanolamines found in cleaning products, to bisphenol-A (BPA), a toxic chemical found in plastic products and food can linings.  Some asthma-linked toxic chemicals are even found in personal creams and lotions.

Healthcare

Statistics show that Latinos face disproportionate exposures to asthma-exacerbating indoor and outdoor air pollution. At the same time, Latinos face added challenges when seeking adequate healthcare. This is due in part to the language, educational, and economic barriers mentioned previously, which can limit access to or awareness of available health care resources that may be available. In fact, nearly 1 in 3 Latinos lacks health insurance.

These barriers to health care access can have significant consequences:

  • Compared to non-Latino whites, Latinos with asthma are less likely to be prescribed appropriate asthma medications and less likely to have access to asthma specialists.
  • Latinos who have an asthma emergency that sends them to the ER or hospital are also less likely to receive follow-up care or an asthma action plan.

Combined, these serious issues can make an otherwise manageable disease life-threatening.

What we can do

While these challenges are daunting, we have an opportunity to address part of the problem by demanding that our leaders take action to reduce asthma hazards – for Latinos, and for the nation as a whole. This is why EDF and League of United Latin American Citizens (LULAC) have come together this year to help raise awareness among and empower Latinos in the U.S. to better combat this often preventable illness by strengthening the air pollution and chemicals laws that protect us.

We at EDF and at LULAC encourage you to ask your Congressman to:

Nationwide, Latinos are among the 25 million people – including 7 million children – affected by asthma.  We can help address the immediate problem through other avenues – like improving health care coverage or worker protections.  But ultimately, we need to address the root of the problem. We need to get rid of the air pollution and toxins that are linked to asthma.  All of us, including our Latino communities, should act now to get rid of the underlying causes of the disease. Until we do, we are all at risk.

Also posted in Health, Latino partnerships / Read 2 Responses